NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Tenants Must Vacate Unsafe Building Due to COVID-19 Concerns

April 28, 2020    

Landlord, through its architect, notified DOB after inspection in January 2020 that its building had certain structural conditions that posed a danger to the building and to the safety of two tenants. DOB confirmed...

Shareholder Tenant Began Renovating Apartment Without Prior Approval

April 28, 2020    

(Decision submitted by Paul N. Gruber of the Manhattan law firm of Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., who represented the cooperative corporation).

Shareholder tenant sued...

Landlord Failed to Specify Lease Provision Violated

April 28, 2020    

Landlord of project-based Section 8 building sued to evict tenant for creating a nuisance, harassing neighbors, stealing packages, making excessive noise, and participating in altercations at the building between...

Shareholder Gets Damages for Co-op Board's Bad Faith Failure to Approve Sale

April 28, 2020    

Shareholder tenant sued cooperative building's board of directors for refusing to approve proposed buyers of her apartment, and claimed that they acted in bad faith.

Tenant's Harassment Claim Dismissed

April 28, 2020    

Rent-stabilized tenant sued landlord in 2016, claiming harassment in violation of NYC Admin. Code Section 27-2005(d) that interfered with his tenancy in order to drive him out of his apartment, along with breach of...

Court Approves Settlement of Class Action Claim for Habitability Issues

April 28, 2020    

Tenants sued landlord of a building complex for breach of the warranty of habitability, unjust enrichment, and injunctive relief. They claimed that there were defects in the windows, insulation, and heating/cooling...

Landlord Can't Claim Tenant Paid Preferential Rent Without Proof

April 28, 2020    

Landlord sued to evict rent-stabilized tenant for failing to sign a proper and timely offered renewal lease. Tenant claimed that she refused to sign the renewal lease because it wasn't offered on the same terms...

Temporary Receiver Appointed to Operate Landlord's Buildings

April 27, 2020    

Landlord of several mortgaged buildings sought appointment during a court action of a temporary receiver to act on landlord's behalf while the case was pending. The court ruled for landlord, named a temporary...

Super's Wife Who Isn't a Tenant Can't Claim Protection from Eviction as Domestic Violence Victim

April 27, 2020    

Landlord sued to evict the building super's wife from a basement apartment after sending her a 10-day notice to quit as a licensee. Landlord had allowed the building super to live in the apartment as an incident...

60-Day Termination Notice Required to End Month-to-Month Tenancy

April 27, 2020    

Landlord sued to evict a month-to-month tenant after sending a 30-day eviction notice. Tenant asked the court to dismiss the case, claiming that landlord improperly served a 30-day notice. Tenant claimed that, under...

Rent-Stabilized Tenant's Son Gets Apartment

April 27, 2020    

Landlord sued to evict rent-stabilized tenant's son after tenant died. The son claimed succession rights, and the trial court ruled in his favor. Landlord appealed and lost. Evidence showed that the son...

Successor Tenant Not Entitled to Attorney's Fees

April 27, 2020    

Landlord sued to evict occupant of rent-stabilized apartment who claimed succession rights. The court ruled for the occupant, who then asked the court to restore the proceeding for a hearing on her request for...